Town of Rock Frac Sand Mine Impact Assessment Committee (FSMIAC) - - PowerPoint PPT Presentation
Town of Rock Frac Sand Mine Impact Assessment Committee (FSMIAC) September 5, 2018 What Are We Talking About? Current View Potential View Potential View (Property Owned Carbo Ceramics, John for 12 to 20 Years Post Reclamation Helgerson,
Frac Sand Mine Impact Assessment Committee (FSMIAC) September 5, 2018
Current View
(Property Owned Carbo Ceramics, John Helgerson, & John Franseen)
Potential View
for 12 to 20 Years (As Proposed by Coulee Frac Sand)
Potential View Post Reclamation
(As Proposed by Coulee Frac Sand)
Potential Sand Washing Plant
Crosse, WI 54603-1506 Drafted A Request for a Conditional Use Permit For Property Owned by Carbo Ceramics, Inc., Don Helgerson and John Franseen
CFS Conditional Use Permit Request
Presentation by Coulee Frac Sand
CFS to Not Attend and Established an “Ad Hoc Committee”
(Discussion and Public Comments)
Discussion (DNR, County Land and Highway, & CFS Hydrogeologist)
Impact Assessment Committee (FSMIAC) Note: Additional Meetings Scheduled for September 10th, 12th, & 17th.
submitted to the Zoning Commission
to CFS Conditional Use Permit
Recommendation by the Zoning Commission
The Purpose of the Zoning Ordinance is to promote the Health, Safety, Aesthetics, Comfort, Prosperity, and General Welfare of the Town of Rock!
The Intent of The Town of Rock Zoning Ordinance
natural resources, and preserve the agricultural character of the town of Rock.
The Purpose of the Zoning Ordinance is to promote the Health, Safety, Aesthetics, Comfort, Prosperity, and General Welfare of the Town of Rock!
within a given district, possesses a high likelihood of creating problems with regard to nearby parcels of land or the occupants thereof, and which are therefore permitted only subject to the fulfillment of conditions which effectively insure that no such problems will be created. Conditional Use is the same as “special permit” as provided for in the Wisconsin Statutes.
http://www.town.rock.wi.us/Ordinances/TownZoning2016_CApprov ed.pdf
The Purpose of the Zoning Ordinance is to promote the Health, Safety, Aesthetics, Comfort, Prosperity, and General Welfare of the Town of Rock!
…This permit shall be issued only after approval of the Planning Commission, after a public hearing and after provisions of Section 5 of this Ordinance have been complied with. The Town Board may attach certain conditions that shall be met as a condition of approving the permit.”(Underlined for Emphasis) Source: http://www.town.rock.wi.us/Ordinances/TownZoning2016_CApproved.pdf
The Purpose of the Zoning Ordinance is to promote the Health, Safety, Aesthetics, Comfort, Prosperity, and General Welfare of the Town of Rock!
Zoning Ordinance “4.09 Non-Metallic Mining Overlay District”
It is the purpose of this overlay District to establish conditional regulations and performance standards for the extraction, processing, utilization and transport of non-metallic resources and products in such a manner as to ensure maximum protection to surrounding
properties and the physical environment through siting of activities and structures, buffering, setbacks, visual screening, height limitations, access routing, and noise, vibration, air quality and water quality controls.”
“…any excavation or mining activity falling under the jurisdiction of this section abide by the requirements of Wisconsin Department of Natural Resources rule NR 135, NONMETALLIC MINING RECLAMATION.” Source: http://www.town.rock.wi.us/Ordinances/TownZoning2016_CApproved.pdf
The Purpose of the Zoning Ordinance is to promote the Health, Safety, Aesthetics, Comfort, Prosperity, and General Welfare of the Town of Rock!
Wisconsin Department of Natural Resources
Rule NR 135, NONMETALLIC MINING RECLAMATION
nonmetallic mining sites….)
http://docs.legis.wisconsin.gov/code/admin_code/nr/100/135.pdf
The Purpose of the Zoning Ordinance is to promote the Health, Safety, Aesthetics, Comfort, Prosperity, and General Welfare of the Town of Rock!
Town of Rock Zoning Ordinance Section 5. Conditional Uses
No permit for a conditional use permit shall be granted unless the Planning Commission shall find the following conditions are present:
conditional use will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare.”
Source: http://www.town.rock.wi.us/Ordinances/TownZoning2016_CApproved.pdf
The Purpose of the Zoning Ordinance is to promote the Health, Safety, Aesthetics, Comfort, Prosperity, and General Welfare of the Town of Rock!
Section 5. Conditional Uses (Continued)
neighborhood used for purposes already permitted shall be in no foreseeable manner substantially impaired or diminished by the establishment, maintenance or operation of the conditional use.
normal or orderly development and improvement of the surrounding property uses permitted in the district.
The Purpose of the Zoning Ordinance is to promote the Health, Safety, Aesthetics, Comfort, Prosperity, and General Welfare of the Town of Rock!
exceed a districts permitted development density or where development would take place within a secondary conservation area :
preservation of natural features, including significant wildlife habitat, sensitive environmental lands and scenic vistas.
The Purpose of the Zoning Ordinance is to promote the Health, Safety, Aesthetics, Comfort, Prosperity, and General Welfare of the Town of Rock!
Town of Rock Concerned Citizens & Property Owners Group
Permit
Frac Sand Mining
Ordinance
Input (Lindsey Days & Facebook Page)
Other Communities in WI
Recommendations Based Upon the Experiences of Other Communities
Residents of the Town of Rock About the Frac Sand Mine (Personal Meeting Notices)
The Purpose of the Zoning Ordinance is to promote the Health, Safety, Aesthetics, Comfort, Prosperity, and General Welfare of the Town of Rock!
Town of Rock - Frac Sand Mine Impact Assessment Committee (FSMIAC)
Zoning Commission, along with considerations from the township residents in regards to the Application for Conditional use Permit that has been presented to The Town of Rock by Coulee Frac Sand LLC….” (Underlined for Emphasis) Advisory
Capacity Only!
Sand (451 Page) Request for a Conditional Use Permit Request Application, Town of Rock Zoning Ordinance, Wisconsin Towns Association (WTA) “NonFerrous Metallic Mining Regulation Handbook May 2018”. Note: On August 30th TRB identified the
WTA document above is not applicable to the Frac Sand Industry and future considerations should include reference to “2017 Wisconsin Act 67”
The Purpose of the Zoning Ordinance is to promote the Health, Safety, Aesthetics, Comfort, Prosperity, and General Welfare of the Town of Rock!
CONDITIONAL USE PERMITS. (a) In this subsection:
exception, or other special zoning permission issued by a county, but does not include a variance. Note: According to guidance provided by the Town of Rock Board, Act 67 is also applicable for Towns.
preferences or speculation, directly pertaining to the requirements and conditions an applicant must meet to obtain a conditional use permit and that reasonable persons would accept in support of a conclusion.
The Purpose of the Zoning Ordinance is to promote the Health, Safety, Aesthetics, Comfort, Prosperity, and General Welfare of the Town of Rock!
Potential Positive Outcomes
The Purpose of the Zoning Ordinance is to promote the Health, Safety, Aesthetics, Comfort, Prosperity, and General Welfare of the Town of Rock!
The Purpose of the Zoning Ordinance is to promote the Health, Safety, Aesthetics, Comfort, Prosperity, and General Welfare of the Town of Rock!
7.
Screening (Visual and Sound)
8.
Quality of Life During 12 to 20 Years of Mining Operations
9.
Preservation of Natural Beauty of Township
Frac Sand Mining
The Purpose of the Zoning Ordinance is to promote the Health, Safety, Aesthetics, Comfort, Prosperity, and General Welfare of the Town of Rock!
Example
Note: Local Well Description Available at https://prodoasext.dnr.wi.gov/inter1/watr$.startup
The Purpose of the Zoning Ordinance is to promote the Health, Safety, Aesthetics, Comfort, Prosperity, and General Welfare of the Town of Rock!
The Purpose of the Zoning Ordinance is to promote the Health, Safety, Aesthetics, Comfort, Prosperity, and General Welfare of the Town of Rock!
Possible Recommendation #1 To Hire an Attorney to Represent the Town of Rock With Experience Addressing This Type of Industry Justification:
provide Legal Representation and They Recommend Towns Acquire Such Representation
Established Committees Do Not Have the Level of Legal Expertise Necessary to Address Such an Important Issue for the Residents of the Township
Consequences of Setting an Incorrect Precedence for the First Major Conditional Use Permit for this Industry Can Have Significant Effects for Everyone in the Township
Duties Should Include:
to extend the timeline for a ruling on the conditional Use permit.
Application for Compliance with the Town of Rock Zoning Ordinance.
Requirements for Compliance with Applicable Laws or Ordinances.
Note: Additional and Specific FSMIAC Recommendations Will Follow!
The Purpose of the Zoning Ordinance is to promote the Health, Safety, Aesthetics, Comfort, Prosperity, and General Welfare of the Town of Rock!
The Purpose of the Zoning Ordinance is to promote the Health, Safety, Aesthetics, Comfort, Prosperity, and General Welfare of the Town of Rock!